Chapter 2.03
RISK MANAGEMENT
Sections:
2.03.030 Appointed agent and filing process.
2.03.040 Legal representation.
2.03.050 Settlement of claims.
2.03.010 Purpose.
A. Risk Management is a division of the Legal Department. The purpose of this chapter is to create a framework for the administration and operation of the Risk Management Division.
B. The City Manager or designee may create necessary administrative policies or procedures that allow the Risk Management Division to carry out its core functions. (Ord. 21-1007 § 1)
2.03.020 Core functions.
The Risk Management Division shall do the following:
A. Procure and administer all property, casualty and liability coverage programs for the City;
B. Investigate, evaluate, and manage all claims filed against the City;
C. Coordinate with City departments to identify, analyze, and help implement cost effective actions that will prevent loss and reduce risk; and
D. In coordination with the City Attorney or designee, provide recommendations to all City departments regarding the allocation of risk in all City-related functions, including contract issues related to indemnity, hold harmless, and insurance. (Ord. 21-1007 § 1)
2.03.030 Appointed agent and filing process.
A. Claims for damages against the City, and/or its officers, employees, or volunteers, acting in such capacity, shall be filed with the City Clerk, who is hereby appointed the City’s agent to receive claims.
All claims for damages must comply with the requirements of RCW 4.96.020.
Claims for damages may be received by email, mail, or in person.
B. Service of process against the City and/or its officers, employees, or volunteers, acting in such capacity, shall be personally served upon the Mayor, City Manager, or, during normal office hours, upon the City Clerk.
All service of process for lawsuits must comply with the requirements of RCW 4.28.080.
C. If the City Clerk is not available, the City Manager designates and authorizes the Legal and Risk Management Analyst or City Receptionist, or any permanent employee acting in the capacity of the City Receptionist, as agents to accept claims and service of process.
Claims for damages and service of process documents shall immediately be forwarded to the Risk Management Division.
D. The City Clerk’s office is located at SeaTac City Hall, 4800 S. 188th Street, SeaTac, Washington 98188. The City Clerk’s office is open to the public Monday through Friday, between the hours of 8:30 a.m. and 5:00 p.m., except holidays. (Ord. 22-1011 § 1; Ord. 21-1007 § 1)
2.03.040 Legal representation.
A. The City Attorney shall ensure that the City has legal representation in the defense of all claims made against the City. This includes, but is not limited to, the coordination of legal counsel assigned by the City’s insurers or legal counsel representing the City through an indemnity agreement.
B. Subject to budget appropriations, the City Attorney is authorized to retain outside legal counsel if deemed necessary and would be in the best interests of the City. (Ord. 21-1007 § 1)
2.03.050 Settlement of claims.
The City Manager or designee shall have the authority to settle any tort claim against the City in which the City’s total monetary expenditure does not exceed one hundred twenty-five thousand dollars ($125,000) per occurrence. For purposes of this section, the total monetary expenditure includes the amount of any insurance deductibles or other direct costs necessary to investigate or defend against the claim. Furthermore, the City Attorney or designee must review and approve all settlements as to form and substance. (Ord. 21-1007 § 1)
2.03.060 Recovery of losses.
The City Attorney or designee shall be responsible for bringing all actions, including claims and lawsuits, for recovery of losses to the City arising out of the acts of others. Such losses may include property damage or losses which impact the City as a result of personal injuries to City officers, employees, or volunteers. In addition, the City Attorney may join the City as a party with any third party in a lawsuit involving recovery of loss to the City. (Ord. 21-1007 § 1)